Our survival is long gone!..

Before we analyze the speech Erdoğan gave on Friday at the anniversary of the Council of State, which sounded like fairy tales for children, let us say a few words about the election for the Presidency of the Court of Cassation and the Chief Public Prosecutor's Office, which will most likely conclude today.

The election for the Presidency of the Court of Cassation began in the last week of March, when Turkey was locked into its municipal elections.

However, no result could be achieved in the 35 rounds held between the three candidates over the past 1.5 months because an absolute majority could not be secured.

The title of the article we wrote immediately after the first week of rounds in this election was, “Who Will Elect the President of the Court of Cassation?” In our article, after conveying the characteristics of the candidates—current Court of Cassation President Mehmet Akarca, 3rd Criminal Chamber President Muhsin Şentürk, and 3rd Civil Chamber President Ömer Kerkez—as well as the allegations regarding the influence of the MHP and religious communities/sects on the elections, we said the following:

“The election rounds of the past week did not take place between these three candidates, but between the powers behind them. It is expected that Erdoğan, who is estimated not to have intervened so far both to see the power balances in the Court of Cassation and not to alienate the MHP and other forces before the local elections, will point to the new president after tomorrow. After this signal, it is probable that a path will be taken to ensure a balance between the groups in question through negotiations for the Court of Cassation General Secretariat and the Chief Public Prosecutor's Office. As the politicization of the judiciary from the bottom to the top becomes so commonplace, can justice ever come to this country?!”

HOWEVER NORMALIZED HIS INTERVENTION HAS BECOME

Five days after us, Okan Müderrisoğlu, the Ankara Representative of the government-aligned newspaper Sabah, in his article titled “Let It Not Be a ‘Prejudiced’ Court,” while touching upon the deadlock in the Court of Cassation, emphasized that the elections were “stalled around worldviews and allegiance to a belief group rather than legal competence and representational ability, or that this perception is gradually solidifying,” and that comments were being made that “a group of members acting as a core had pushed their professional affiliation to the background,” noting that this “recalled certain associations from July 15 and before,” and recorded the following:

“After the holiday, the common sense expected by society must prevail in the Court of Cassation, and the esteemed members must successfully complete their elections... The election of the president should not be turned into an issue as some desire, and it should not be turned into a calculation for the Külliye (the Presidential Palace) to intervene. Thus, the judiciary should maintain its unique position that inspires trust and satisfaction in the citizens seeking justice, according to its place in the constitutional system!”

Not after the municipal elections or the holiday, but about 40 days later, last Friday, the scene unfolded as follows:

3rd Criminal Chamber President Muhsin Şentürk, who was neck-and-neck in the elections and was alleged to be supported by a faction of the Palace and the MHP, announced after 35 rounds that he was withdrawing his candidacy “in order to resolve the deadlock that had formed in the process and to protect the institutional reputation of the Court of Cassation.”

Our media reported this development as if it were perfectly normal, with headlines such as, “Erdoğan intervened, the knot in the Court of Cassation was untied.”

How did Erdoğan, the head of the executive branch, intervene in the election of the head of the independent judiciary, and how was the knot untied? Before the details regarding this, let us point out the following.

While announcing his withdrawal from the presidential candidacy, Muhsin Şentürk also announced that he was a candidate for the Court of Cassation Chief Public Prosecutor's Office.

In short, as we wrote on April 1, “Erdoğan gave his signal, and subsequently, a balance was ensured between the groups in question through negotiations for the Court of Cassation General Secretariat and the Chief Public Prosecutor's Office”!..

The current situation? Although there is talk of resistance and reaction, it is considered a certainty that Mehmet Akarca, whom Erdoğan signaled, will be elected President of the Court of Cassation, and Muhsin Şentürk will be elected as the Chief Public Prosecutor of the Court of Cassation, as Erdoğan will make the final selection from among the 5 candidates that will come before him.

ERDOĞAN APPARENTLY DOES NOT FIND THE POLITICIZATION OF THE JUDICIARY RIGHT

As for the speech Erdoğan gave on Friday at the Council of State;

He explained the meaning and importance of a “strong, impartial, independent, good, and fast-functioning justice system”... He emphasized that “a justice system that inspires confidence in society and is accessible is the guarantee of our survival”...

He recounted the tutelage established over the judiciary by the coup plotters of May 27, the military dictatorship regime of September 12, the February 28 period, oligarchic structures, the FETÖ treason gang, and the efforts to direct the judiciary through social media today, and said, “removing cases from being a matter of law and politicizing them, regardless of the result, will cast a shadow over the sense of justice in society, and we do not find this right”...

And furthermore, after stating that “just as the judiciary's interference in the legislative and executive branches is wrong, it is equally erroneous for the judiciary to be drawn into political debates,” he called on everyone to act with “a sense of responsibility” by saying, “As the government, opposition, press, and civil society, we must all together ensure that the judiciary stays away from all kinds of bigotry, interest-based grouping, and ideological polarization.”

And in the end, he tied it all to the “need for a new and civil constitution”!..

The rhetoric is very nice, but what about the actions?

The example of the Court of Cassation elections we provided above is more than enough, but let us remind you of others as well.

The Constitution states that “no organ, authority, office, or person can give orders or instructions to courts and judges, nor can they make recommendations or suggestions”... It is stated that “legislative and executive organs and the administration are obliged to comply with court decisions”... Who is complying?!

Again, the Constitution says, “Judges and prosecutors cannot be dismissed.” Well, why did Judge Nimet Demir, who put a dissenting opinion on the decision to transfer the Khashoggi murder file to Saudi Arabia, have to retire?.. Or what happened to Judge Ahmet Çakmak, who said that Erdoğan could not be a candidate for the Presidency for a third time?..

By the way, with the judicial reform package they announced themselves in 2019, “geographical guarantee for judges and prosecutors” was coming. 5 years have passed, why hasn't that guarantee come?..

Two more hot examples:

We criticized the media for taking Erdoğan's interference in the Court of Cassation elections as normal; but this bitter truth seems to have spread even to the opposition.

Look, CHP Chairman Özgür Özel, who met with Erdoğan in the name of “normalization” after the municipal elections, also requested from him the retrial of Osman Kavala and other Gezi convicts, and the release of the generals who are in prison due to the February 28 case. Doesn't the request for release also legalize Erdoğan giving the order for someone to be arrested?

As for MHP Leader Bahçeli, a partner of the People's Alliance who wants the closure of the HDP, then the DEM, and even the Constitutional Court, he responded to Özgür Özel's statements regarding the Gezi convicts at his group meeting last week by reminding him of the articles of the Constitution regarding the judiciary. But immediately afterward, regarding the Sinan Ateş assassination indictment, he said, “The aforementioned indictment must be accepted by the relevant court and the trial process must be started immediately.”

As luck would have it; on the same day, the court accepted that indictment that everyone was criticizing!..

On this occasion, let us underline other coincidences as well.

On April 29, Erdoğan visited Bahçeli. Just before the visit, it was announced that the Sinan Ateş assassination investigation, which had been ongoing for exactly 1 year and 4 months, had been completed and the prepared indictment had been sent to the court.

On May 10, that is, last Friday; after Erdoğan said at the Council of State, “We must ensure that the judiciary stays away from all kinds of bigotry, interest-based grouping, and ideological polarization,” he accepted Bahçeli at the Palace. Immediately afterward, Muhsin Şentürk, who is alleged to have received the support of the MHP, announced that he was withdrawing from the Court of Cassation Presidency elections and was a candidate for the Chief Public Prosecutor's Office.

The state of our justice system, which Erdoğan calls the “guarantee of our survival,” is summarized as such... Our survival is long gone... Our condolences to us all!..

Müyesser YILDIZ

May 13, 2024